Cross-border Ecommerce - The Paypers

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Ecommerce law: among others Privacy and data protection in UK

In-depth information to be found in the Cross-border Ecommerce Report - the UK
Ecommerce, privacy and data protection in England & Wales are regulated by different laws, which will be presented in the information below. It will include also law information of consumer protection, digital signature, custom and duties. Find out more about ecommerce law in United Kingdom.
Privacy and Data Protection
The principal legislation governing the Processing of Personal Data in the United Kingdom is the Data Protection Act 1998. The Data Protection Act was intended to implement the European Directive which was published on 24 October 1995. Other legislation relevant to privacy and processing of Personal Data in the United Kingdom includes the Privacy & Electronic Communications (EC Directive) Regulations 2003, which implements into the law of England & Wales European Directive 2002/58/EC relating to the processing of personal data in and privacy in the electronic communications sector, and the Regulation of Investigatory Powers Act 2000 which governs the interception of communications. The Privacy & Electronic Communications (EC Directive) Regulations 2003 set out the consent requirements applicable to electronic marketing and the rules with regard to the use of “cookies”. Privacy and data protection legislation in the United Kingdom is regulated and enforced by the Information Commissioner’s Office, which also produces guidance and best practice guidelines for compliance with the legislation.
Consumer Protection
There is an increasing body of law focussed on consumer protection in the United Kingdom, much of which is relevant in an ecommerce context. In particular, the Unfair Contract Terms Act 1977 (UCTA) prohibits the exclusion of certain statutory warranties in relation to the provision of goods and services to consumers, and UCTA and the Unfair Terms in Consumer Contracts Regulations 1999 impose requirements in relation to the reasonableness of consumer contracts and in particular exclusions and limitations of liability. In addition, the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 contain specific provisions relating to protection of consumers in an ecommerce context. The Consumer Protection from Unfair Trading Regulations 2008 impose a duty on traders to act honestly and fairly towards consumers and set out some general principles as to circumstances in which certain trading practices would be considered unfair, with the possibility of criminal sanctions in some circumstances. The provisions of UCTA, the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer protection from unfair Trading Regulations 2008 will either be revoked or amended when the new Consumer Rights Act comes into force.
More in-depth information (including sources) about ecommerce law, privacy and data protection, consumer protection, digital signature, custom and duties, electronic contracting, computer crime and intellectual property can be found in the Cross-border Ecommerce Report – the UK